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Barenaked Ladies to Headline Vaughan's Virtual Canada Day Celebration
The Free Label, Dr. Draw and Susan Stewart will also perform
The City of Vaughan has announced plans to move its Canada Day celebration online this year, with Ontario's Barenaked Ladies headlining the July event.
Taking place on July 1 from 5 p.m. to 8 p.m. ET, the York Region virtual celebration with feature performances and appearances by local artists, dance groups and other entertainers, including the Mini Pop Kids, Toronto's the Free Label, Kreative in Dance Styles, comedian Susan Stewart, and the Spin Starlets with violinist Dr. Draw.
Vaughan Mayor Maurizio Bevilacqua has released a statement on the decision to move the event online this year in keeping with COVID-19 precautions.
I invite all Vaughan residents to join us in marking an incredible milestone in our city's history as we celebrate the first-ever virtual Canada Day event. Since we cannot gather physically, we have taken this as an opportunity to provide a unique way of celebrating together, virtually — and we have a remarkable lineup of entertainment for everyone to enjoy — including Juno Award-winning Canadian superstars, Barenaked Ladies. The City of Vaughan's virtual Canada Day event is a reminder that what keeps us connected are the Canadian values we hold dear to us — diversity, fairness and freedom of speech. Canada Day is about demonstrating our love, appreciation and gratitude for living in the best city — and the best country — in the world. May we reflect on our shared commitment to democracy, equality and mutual respect. No matter where you were born, if you call Canada home, you are part of the Canadian family.
Viewers are encouraged to participate in the event's online community by using the hashtag #VaughanCanadaDay2020 on Twitter, Facebook and Instagram.
Tune into the City of Vaughn's website on July 1 to participate in the festivities.
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James Holmes's attorneys say death penalty is unconstitutional: Read their motions here
Melanie Asmar
Melanie Asmar | September 5, 2013 | 11:50am
Lawyers for accused Aurora theater shooter James Holmes think the state's death penalty laws are unconstitutional -- and they've filed a flurry of motions (some of which are on view below) asking that the judge in the case declare them so.
Prosecutors are seeking the death penalty against Holmes, who is accused of murdering twelve people and injuring seventy others by opening fire at the Aurora Century 16 theater in July 2012. Holmes's attorneys have admitted that he was the gunman.
The arguments made by Holmes's attorneys in motions asking that the judge declare Colorado's death penalty law unconstitutional include:
That the "class of individuals" eligible for the death penalty is too broad. In Colorado, a person who is convicted of first-degree murder is sentenced to either life in prison or death. Their sentence can depend on whether or not their case contains any "aggravating factors" -- circumstances that increase the severity of a crime. Aggravating factors can include the way in which the murder was committed (if the killer used a bomb, for example) or the reason for the act (such as for money or to avoid an arrest). They can also be based upon the identity of the victim (if the victim was a police officer, a judge, a pregnant woman or a child, for instance).
Nearly all first-degree murder cases contain at least one aggravating factor, making them eligible for the death penalty, Holmes's attorneys maintain. Their argument is based on a study conducted by University of Denver law professors who looked at every murder case filed in Colorado between January 1, 1999 and December 31, 2010. Of the 596 cases, 539 of them contained at least one aggravating factor, according to the study.
However, prosecutors sought the death penalty in only fifteen cases, Holmes's attorneys wrote. And of those, just three cases ended in a death penalty verdict, resulting in what the attorneys say is an "arbitrary and inconsistent application of the death penalty."
That over the past ten years, Colorado prosecutors have sought the death penalty in just eleven cases. Eight of those cases, including Holmes's, came out of the 18th Judicial District, where the prosecutors have a reputation for seeking harsh punishments (some would say too harsh) against criminals. "Mr. Holmes urges this court to find that he has a fundamental right to not be put to death pursuant to such an unequal, rare, inconsistently applied, and unusual system," his attorneys wrote.
That the Capital Jury Project, a research program launched in 1991 that interviews real jurors about how they made their decisions, has cited problems with the capital sentencing process. Findings include that jurors' own biases play into their decisions, that some jurors incorrectly believe death is required in a capital case and that jurors sometimes make decisions about whether a person deserves death before all of the evidence has been presented. For instance, a CJP study found that nearly half of capital jurors in thirteen states decided the defendant deserved to die before the end of the trial.
That "death-qualifying" individual jurors produce juries that are "prone to convict." In capital cases, prospective jurors are asked if they'd be willing to consider all forms of punishment, including the death penalty. If they say "yes," they are death-qualified and eligible to serve on the jury. If they say "no," they are not. Furthermore, Holmes's attorneys cite research that shows death-qualified jurors are more likely to believe in "insanity myths," such as that defendants found not guilty by reason of insanity are immediately released back into society. That could impede Holmes's right to a fair trial, they argue, since he has pleaded not guilty by reason of insanity.
Prosecutors will now respond to the defense's motions in writing. The motions are scheduled to be debated in court over two weeks in December, and Holmes's trial is slated to start in February 2014.
Continue to read the motions referenced above, and more.
Motion to Declare CO's Death Penalty Unconstitutional Because It Is Too Broad
Motion to Declare CO's Death Penalty Unconstitutional Because It is Arbitrary
Motion to Declare CO's Death Penalty Unconstitutional Because Jurors Are Biased
Motion to Prevent Death Qualification of the Jury
Continue for more motions seeking to declare specific aggravating factors unconstitutional, and more.
Motion to Declare "Killing of a Child" Aggravating Factor Unconstitutional
Motion to Declare "Heinous Cruel or Depraved" Aggravating Factor Unconstitutional
Motion to Declare "Creation of a Grave Risk of Death" Aggravating Factor Unconstitutional
Motion to Declare "Lying in Wait" Aggravating Factor Unconstitutional
Motion to Exclude Victim Impact Testimony From Penalty Phase Hearing
More from our Aurora Theater Shooting archive: "Shortest court session ever? Jana Winter of Fox News travels cross country for 1 minute hearing."
Follow me on Twitter @MelanieAsmar or e-mail me at melanie.asmar@westword.com
DA's Regrets About Seeking Death for Aurora Theater Killer
Aurora Theater Shooting
Melanie Asmar is a staff writer for Westword. She joined the paper in 2009 and has won awards for her stories about education, immigration and epic legal battles. Got a tip? She'd love to hear it.
Facebook: Melanie Asmar
Twitter: @MelanieAsmar

redpajama_set_name: RedPajamaCommonCrawl


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Jacques Boyceau de La Barauderie (Saint-Jean-d'Angély, vers 1560 - 1635) fut intendant des jardins du roi Henri IV, de  la reine Marie de Médicis, puis du roi Louis XIII.

Il eut notamment pour tâche de diriger la plantation du jardin du palais du Luxembourg, puis de redessiner les parterres du jardin du Louvre, du palais des Tuileries  et du Château-Neuf de Saint-Germain-en-Laye.

Biographie
Jacques Boyceau, sieur de la Barauderie, était issu d'une famille huguenote de l'entourage d'Henri de Navarre. Il commença par la carrière des armes.

Il est gentilhomme de la chambre du roi et intendant de ses jardins. Il est le supérieur hiérarchique de tous les jardiniers travaillant aux jardins des Tuileries et des résidences royales, Claude Mollet, Jean Le Nostre et son fils, André Le Nostre. Il a conçu le parterre du château de La Force, dans le Périgord.

Peu après sa mort a été publié son traité du jardinage qui a influencé ceux publiés par André Mollet et Claude Mollet et la formation du jeune André Le Nôtre. Ce traité a été une rupture par rapport aux traités précédents publiés par Olivier de Serres, Pierre Betin (Le fidèle jardinier, ou differantes sortes de Parterres tant de plaine Broderie que meslée de pièces a metre fleurs pour servir dinstruction a ceux qui ce délectent en cest Art nouvellement designez, en 1636) et Nicolas de Bonnefons (Le jardinier français suivi d'un ouvrage dédié aux dames Les délices de la campagne, en 1654) qui traitent plus d'agronomie, de greffes, de fumures et de transplantations. Le titre du traité de Boyceau suggère une approche plus théorique avec des aspects philosophiques, cosmologiques, pratiques et esthétiques. L'art des jardins s'écarte alors des simples aspects horticoles et devient une discipline autonome. Avant André Le Nôtre il a développé les parterres de broderies qui sont les embelissements bas des jardins qui ont grande grâce, spécialement quand ils sont vus de lieu élevé, ils sont faits de bordures de plusieurs arbrisseaux et sous arbrisseaux de couleurs diverses, façonnés de manière différente, de compartiments, feuillages, passements, moresques, arabesques, grillochis, rosettes, gloires, targes, écussons d'armes, chiffres et devises (Traité du jardinage, page 73). Il n'est pas l'inventeur des parterres de broderies qui existaient déjà au .

Ses principes
Il recommande l'ordre, la symétrie tout en insistant sur l'avantage d'une assiette inégale qui permet plus de variété. Il recommande de favoriser la contemplation depuis un lieu plus élevé en créant des terrasses, d'éviter de trop employer le carré pour éviter la monotonie. Il est le premier à vouloir faire des jardins de plaisir.

Il s'associa son neveu Jacques de Menours pour dessiner les premiers jardins et a assuré la publication du Traité du jardinage, selon les raisons de la nature et de l'art.

Liste de jardins créés par Boyceau
 Jardin du Luxembourg
 Parterres du Palais du Louvre
 Parterres du Palais des Tuileries
 Jardins du Château-Neuf de Saint-Germain-en-Laye
 Parterres du château de Versailles (sous Louis XIII)
 Jardins du château de Richelieu

Publications
 Traité du jardinage, selon les raisons de la nature et de l'art, en 3 livres, 1638, à Paris, chez Michel van Lochom, in-folio ().
 Traité de jardinage, qui enseigne les ouvrages qu'il faut faire pour avoir un jardin dans sa perfection, avec la manière de faire les pépinières, greffer, enter les arbres, etc ..., 1689, Paris, chez de Sacy
 Instruction pour faire de longues allées de promenades et de bois taillis, 1707, Paris, chez de Sacy

Iconographie
Il existe deux médailles à l'effigie de Boyceau de La Barauderie. La plus connue, due au graveur Abraham Dupré est datée de 1624. La seconde, anonyme, est datée de 1630. Un exemplaire en est conservé au musée Carnavalet (ND 1061).

Sources
 « Jacques Boysseau, homme de guerre et horticulteur avec gravures dans le texte de médailles », in Le Magasin pittoresque, , Versailles, 1879.

Notes et références

Voir aussi

Articles connexes
 Architecte paysagiste
 Art baroque
 Jardin à la Française

Liens externes

 Traité de jardinage
 Jacques Boyceau de la Barauderie, un angérien oublié (site Histoire Passion)

Architecte paysagiste français
Naissance en 1560
Naissance à Saint-Jean-d'Angély
Naissance en Saintonge
Décès en 1635
Décès à Paris

redpajama_set_name: RedPajamaWikipedia


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Tag Archives: test
In Denbighshire, Wales, the Howatson family lives in a small house that sits… wait for it… in the middle of a roundabout.
In the early 1980s, after the family had been in the house for 20 years, local authorities told them their property sat smack in the middle of where a roundabout was to be built. The family refused to sell, and they now have lovely 360-degree views of people driving around their house all day and night.
The Department of Labor is taking is a more direct approach in its effort to update the worker classification test under the Fair Labor Standards Act. But it's a slow process, and it will be several more months before we see a final rule.
But this post will provide a status update. Long story short, we'll see a new rule when the DOL gets around to it.
In October 2022, the DOL released its proposed new test for determining who is an employee under the Fair Labor Standards Act (FLSA). The proposed rule generated more than 50,000 comments in response. I posted some initial reactions to the proposed rule in this article here.
The proposed rule identifies seven factors to consider when determining whether an independent contractor has been misclassified under the FLSA:
1. Opportunity for profit or loss depending on managerial skill;
2. Investments by the worker and the employer;
3. Degree of permanence of the work relationship;
4. Nature and degree of control;
5. Extent to which the work performed is an integral part of the employer's business;
6. Skill and initiative; and
7. Additional factors.
Under federal law, the rulemaking process involves three main steps. First, the agency posts a proposed new regulation. That's what the DOL did in October.
Second, there is a public comment period, in which anyone can submit a comment to the DOL. The most effective comments tend to assist the agency in evaluating its proposed rule, such as explaining likely unintended consequences or identifying concerns with how it is written. Comments can also offer legal arguments as to why the agency's proposed rule is not consistent with the law it is supposed to be interpreting.
Finally, after reviewing the comments, the agency will publish a final rule. The final rule might differ from the proposed rule, or it could be the same. Or the agency can jettison the proposed rule entirely and do nothing. Here that last option is unlikely. The DOL will almost certainly issue a new rule.
On December 13, I submitted a lengthy comment on behalf of Flex, the trade organization representing app-based rideshare and delivery platforms. The full comment is available here, and I thought it might be helpful to summarize the main points for this audience.
The comment included two parts.
Part One argues that the DOL should not abandon the current rule (the 2021 Rule), which was passed less than two years ago. The 2021 Rule was adopted after a thorough rulemaking process and comment period, and the rule was developed based on a detailed analysis by the DOL of decades of case law. The 2021 Rule focused on two core factors, rather than offering a multitude of factors that have no pre-assigned weight. The 2021 Rule offered more predictability for businesses and contractors, and predictability in the law is — to put it bluntly — good. A regulation should add clarity, and the 2021 Rule added clarity.
Part One also pointed out that the 2021 Rule had done little to damper the DOL's efforts at combatting misclassification. The DOL has published a long list of successes in obtaining settlements and judgments in the last three months alone.
Abandoning the 2021 Rule would also be arbitrary and capricious, meaning it might not survive a legal challenge, and we urged the DOL not to make a change.
Part Two argues that even if the DOL decides to abandon the 2021 Rule, the proposed new rule needs some work. Part Two focused on seven aspects of the proposed new rule that the DOL should change.
The key thing to remember is that the DOL wants to go back to a multi-factor test. Multi-factor tests have been around for a long time, but the devil here is in the details. If you read the DOL's description of each factor and how it should be applied, the DOL is putting its fingers on the scale, taking every close call (and some that aren't close) and resolving them in favor of employee status.
I will list the seven arguments below to provide a general sense of the key points. But, since this is supposed to be a quick read format, I'm not going to wade into the details. You can read the full comment if you like.
From the Table of Contents to Part Two:
1) In Factor #1, the Commentary about "Managerial Skill" Should Be Deleted or Revised Because It Fails to Account for the Realities of 21st Century Work.
2) Factor #2 Should Be Substantially Revised to Remove Provisions That Are Illogical, Incompatible with Economic Realities, and Contrary to FLSA Case Law.
3) Factor #4 Should Remove the Commentary That Legally Required Control May Be Relevant Evidence of Control Because This Commentary Is Contrary to Controlling Case Law, Contrary to this Department's Own Guidance, and Not Probative of the Economic Realities of a Relationship.
4) In Factor #4, Use of Technology to Supervise Should Not Be Referenced as a Relevant Control Factor.
5) Factor #5 Should Preserve the Current "Integrated Unit of Production" Analysis and Should Not Adopt a Flawed "Integral Part" Analysis That is Contrary to Case Law and Legally Unsupported.
6) Any Final Rule Should Preserve the Helpful Subregulatory Guidance in Fact Sheet #13, Clarifying That Certain Factors Are Not Relevant.
7) Any Final Rule Should Replace the Term "Employer" with "Principal" or a Similarly Neutral Term.
You can read the complete arguments here.
And now onto Step Three of the DOL's rulemaking process. Last week, the Biden Administration published its overall regulatory agenda for 2023. It included a May 2023 placeholder for a proposed final rule. That's just a best guess at this point, and with more than 50,000 comments for the DOL to review, the actual release date may be several months later. But the DOL, at least at present, appears prepared to move forward with a new rule to determine independent contractor vs. employee status under the FLSA.
We'll continue to monitor developments, in a roundabout way.
Standard | Posted in DOL, FLSA, Independent Contractor, Independent Contractor vs. Employee, Non-Employee Workers, Tests, Uncategorized, What to Watch | Tagged DOL, FLSA, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, test, Tests
If you google "what to watch for 2023," you'll mostly get tips on soon-to-be-released movies and streaming video shows. You'll get grammatically impossible generic hype like "movies we can't wait to see" (except the whole point is that you have to wait to see them) and you'll get grammatically impossible niche hype like "The most anticipated Korean dramas and movies we can't wait to watch in 2023."
We won't peddle hype in this post, and you'll literally have to wait for all of the things addressed below. But here are five important developments to watch for in 2023.
1. The test for Independent Contractor vs. Employee is likely to change, at least under the Fair Labor Standards Act (FLSA). The Department of Labor proposed a new multi-factor test, and the period for public comment ended December 13. The DOL is likely to roll out a new test in 2023. It will replace the current core factors test described here.
2. The test for Joint Employment is likely to change, at least under the National Labor Relations Act (NLRA). In September, the NLRB proposed a new test for determining when joint employment exists under the NLRA. You can read more here. The public comment period has closed, and we can expect a new test sometime in 2023.
3. The NLRB is likely to rule that independent contractor misclassification, by itself, is an unfair labor practice. The NLRB General Counsel has expressed an intent to reverse the Velox Express decision from 2019, in which the Board ruled that misclassification was not an automatic ULP. More information is here. Now that the Board majority has switched from Republican to Democrat, expect a decision in 2023 that creates an automatic ULP when there's a finding of worker misclassification.
4. Expect state legislatures to keep changing the tests for Independent Contractor vs. Employee. Some states will try to make it harder to maintain independent contractor status by passing ABC Tests, in either a standard or strict version. A few conservative states may go the other way and adopt the latest version of the Uniform Worker Classification Act proposed by ALEC. The law would create a safe harbor for independent contractor classification if certain requirements are followed, including having a written contract. Versions of this law have been passed in West Virginia and Louisiana. You can read more here. Expect Oklahoma to be next.
5. Expect significant rulings on California independent contractor law. Several important cases are pending. These include Olson v. State of California, which challenges the constitutionality of AB 5. Oral argument was held in the Ninth Circuit in July 2022. In another case, the California Court of Appeal is considering the legality of Prop 22, the successful ballot measure that helped to protect independent contractor status for rideshare and delivery drivers using app services. Oral argument in that case, Castellanos v. State of California, was held in December 2022.
The law regarding contingent workforce is constantly changing, and 2023 looks to be another year of significant transformation. As always, it will be a good idea to watch these new developments carefully, as they will likely have a significant impact on companies using independent contractors and other contingent workforce arrangements.
Wishing you all a happy and healthy 2023!
Standard | Posted in California, DOL, FLSA, Gig Economy, Independent Contractor, Independent Contractor vs. Employee, Joint Employment, NLRB, Non-Employee Workers, Tests, Uncategorized, What to Watch | Tagged California, FLSA, Gig Economy, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, Joint Employment, Legislation, NLRB, test, Tests
If you have a beard at least 8 inches long, here's an opportunity you might not have considered. At a bar in Casper, Wyoming, a group of bewhiskered patrons tied their beards together to take the world's record for Longest Beard Chain.
How long? 150 feet, shattering the previous record of 62 feet, set by a shaggy German crew in 2007.
But that wasn't even the hairiest highlight of the weekend. Down the street was the National Beard and Moustache Championships, a visual delight featuring moustache categories such as best handlebar, Dali, freestyle, and uber-stache, and partial beard categories including best friendly sideburns, goatee freestyle, musketeer, and Fu Manchu.
Meanwhile, 1,000 miles to the west, a different sort of hairy situation was nearing conclusion for several operators of gentleman's clubs or nightclubs or strip joints, depending on your preferred terminology.
Last week, a federal district court in San Francisco approved a settlement that combined multiple class action claims of independent contractor misclassification brought by exotic dancers. The settlement covered more than 8,000 dancers and included a total payout of $6.5 million.
The cases were complicated by a number of legal issues, including the fact that — because of the timing of the lawsuit — the question of whether the dancers were contractors or employees was to be determined using different tests for different claims. The dancers' classification for their California wage order claims would be determined using an ABC Test, but their classification under other Labor Code claims would be determined using the Borello balancing test, which is a California hybrid of Right to Control and Economic Realities Tests.
The class period covered 2010 through 2018, so the Dynamex decision applied to the wage claims, but AB5 had not yet been enacted, which left the Borello test to govern the Labor Code claims. This post explains the complicated situation that existed at the time. Had the class covered the period from January 2020 forward, the ABC Test likely would have been used to determine classification under all of the California claims.
But there were also Fair Labor Standards Act (FLSA) claims. The FLSA uses an Economic Realities Test to determine a worker's classification, but that test is fluid too. The Economic Realities Test used by most courts is different from the test that was written into the current FLSA regulations in 2020, which is different from the test the DOL recently proposed to enact in a new set of regulations currently under consideration.
So for these class members, there were at least three different tests that would determine whether they were employees or independent contractors under different laws. That's kind of like trying to determine who had the best musketeer or Fu Manchu but with everyone's facial hair tied together in a 150-foot beard chain.
There are a few takeaways here for the rest of us.
First, misclassification claims by exotic dancers remain common. The business model needs some internal review. But that's probably not your concern.
Second, the settlement is a good reminder of how complicated it can be to determine a worker's classification when multiple laws apply. Different tests apply to different laws, even within the same state. The dancers, had they gone to trial, might have been employees under some laws and contractors under other laws.
Third, there are significant costs in reclassifying contractors to employees. The settlement required the clubs to reclassify their dancers to employees, which means the dancers would become eligible for unemployment, workers' comp coverage, and protection under the anti-discrimination and leave laws that apply to employees.
Regardless of your business, it's always a good idea to proactively review independent contractor relationships to see how well they would withstand a classification challenge in court. Misclassification cases are high stakes and can take many twists and turns. Sort of like the facial hair in the Full Beard Freestyle category. (Photos here.)
Standard | Posted in California, Class Action, Consequences, Independent Contractor, Independent Contractor vs. Employee, Tests | Tagged ABC Test, Bad Outcomes, beards, California, Dynamex, exotic dancers, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, moustaches, settlements, test, Tests
This gem recently popped up on my twitter feed. Causes of death in London, 1632. Seems to me that cancer would be bad enough, but 10 deaths were attributable to the deadly combination of "cancer and wolf." Sounds to me like 17th century cancer wards needed a moat.
Other notable causes of death include "Consumption" (1797) and its equally deadly opposite, "Dead in the street and starved" (6). "King's evil" fell 38 unappreciated subjects of the Crown, and 98 died from "Rising of the lights," which is a fate perhaps narrowly avoided by Clark in Christmas Vacation.
There were lots of things in 1630s London that could bring a person down, but happily "joint employment" is not among the recorded causes of death. Which raises this question as we head into 2023:
Can individuals be liable as joint employers?
The answer, of course, is sometimes.
The Supreme Court of Virginia recently ruled that individuals could not be joint employers under that state's law on unpaid wages. The decision, was based on a strict reading of a state statute, which permitted only "entities" to be joint employers. The Virginia court explained that this definition was narrower than the understood meaning of joint employer under the Fair Labor Standards Act (FLSA).
And, indeed, the FLSA does recognize that individuals may be joint employers. This nugget from the First Circuit Court of Appeals answers that question with little room for doubt: "The overwhelming weight of authority is that a corporate officer with operational control of a corporation's covered enterprise is an employer along with the corporation, jointly and severally liable under the FLSA for unpaid wages." Donovan v. Agnew, 712 F.2d 1509, 1511 (1st Cir.1983).
The difference is definitional. The FLSA looks to whether one or more "persons" is the employer. Persons can be individuals or entities. The Virginia statute considered only "entities."
Individual corporate officers can, therefore, face liability as joint employers, particularly in smaller organizations where corporate formalities might not be followed as closely as they should be. For example, in the Agnew case, the court determined that "corporate officers with a significant ownership interest who had operational control of significant aspects of the corporation's day to day functions, including compensation of employees, and who personally made decisions to continue operations despite financial adversity during the period of non-payment" were employers under the FLSA.
The bottom line here is that, yes, individuals can — at least under some circumstances — be joint employers under the FLSA. But not necessarily under every state's law.
So that's one more thing that individuals need to be wary of, in addition to the king's evil and the dreaded combination of "cancer and wolf."
Standard | Posted in FLSA, Joint Employment, Tests | Tagged FLSA, Joint Employment, test, Tests
Rick jams!
If I ask you to name a song by Rick Springfield, you'll say "Jessie's Girl." If I ask you to name another, you'll look at me with a blank stare. But there's another song you probably know. I forgot all about it too until I heard it on the 80s channel last week.
"Don't Talk to Strangers" was released in 1982 and, around May of that year, spent four weeks at #2 on the Billboard charts. (Bonus Trivia Question: Can you name the #1 song in May 1982? The answer is below.)
Springfield had a couple of other hits too. Remember "Love Somebody" and "I've Done Everything for You"? Good times.
Anyway, the State of California and County of Los Angeles are hardly strangers, and they not only talk, but they collaborate on social services programs. That collaboration led to a lawsuit raising joint employer questions under the Fair Labor Standards Act (FLSA).
The State of California and the County of Los Angeles administer an In-Home Supportive Services (IHSS) program, which allows low-income elderly, blind, or disabled residents of the county to hire a provider to help them with daily living activities. The State of California runs the program at a state level, through state regulations, but the counties play a role in administering the program too.
Under a 2013 DOL regulation covering domestic workers, these workers were entitled to overtime pay under the FLSA. Until late 2015, however, the regulation was vacated while a court reviewed it. The state began paying overtime in 2016.
In this lawsuit, one of the IHSS providers filed suit against Los Angeles County, seeking FLSA overtime wages for 2015, while the rule was vacated and under review.
The county responded that the state, not the county, was the employer; and therefore the county could not be liable for the state's failure to pay overtime in 2015. The district court agreed and ruled that the state, not the county, was the employer. The county would not be liable for the unpaid overtime. Or so it thought.
In a recent decision, however, the Ninth Circuit Court of Appeals reversed that conclusion. Applying the FLSA joint employer test, the Court held that the county was a joint employer, even though it did not control payroll.
Seems a little unfair, but that's how joint employment works.
According to the Ninth Circuit, here's the joint employer test under the FLSA: To determine whether an entity is a joint employer, the court must consider "whether the alleged employer (1) had the power to hire and fire the employees, (2) supervised and controlled employee work schedules or conditions of employment, (3) determined the rate and method of payment, and (4) maintained employment records."
The test derives from a Ninth Circuit case called Bonette. Other circuits use slightly different tests.
Even though the state controls payroll, the Ninth Circuit ruled that the county had enough involvement, based on the four factors, to make it a joint employer. The county therefore would be jointly liable for the shortfall in overtime pay.
The case is a good reminder of the dangers of joint employment. Even if your business has no control over payroll, a joint employer is liable for the failure to pay overtime.
The idea of two different things coming together is also the answer to today's trivia question from above: What was the #1 song on the Billboard charts in May 1982?
[scroll down for the answer]
The #1 song in May 1982 was Ebony and Ivory.
Also, random fun facts about Rick Springfield:
His real name is Richard Springthorpe.
He was born in Guilford, New Sales Wales, Australia.
He played Dr. Noah Drake on General Hospital.
Before making it big on his own, he played in bands called Wickedy Wak and Zoot.
Standard | Posted in California, FLSA, Joint Employment, Tests | Tagged California, FLSA, Joint Employment, Rick Springfield, test, Tests
Have you ever gone to a new restaurant that took over the space where one of your favorite restaurants used to be?
You've been wanting to try the new restaurant. You get there and the menu looks similar, so you order the fettucine with shrimp because that dish was always really good at the old place. It arrives and it looks the same but you're not sure that it tastes quite the same.
Maybe the sauce tastes a little different but it's hard to tell for sure. Then, you get home later that night and you feel a little queasy. You realize that the new restaurant must have put onions in the sauce. You probably didn't notice because when the dish was served it looked just like it did at the old restaurant.
But you're not supposed to eat onions, and now you have to wait and see if you're going to start cramping up from eating the onions or if you're going to be just fine. You really just don't know. It could just as easily go either way, and now all you can do is wait.
That's kind of how I feel after reading the Department of Labor's proposed new independent contractor rule, released earlier this week.
Click here to read the rest of the story, originally published in Law360 on 10/13/2022.
Standard | Posted in DOL, FLSA, Gig Economy, Independent Contractor, Independent Contractor vs. Employee, Non-Employee Workers, Tests, What to Watch | Tagged DOL, FLSA, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, test, Tests
In Russia, a new variant on boxing involves chaining the two combatants to opposite sides of a podium, with one arm of each boxer immobilized. They then pound each other with the remaining good arm and, because they're tied to the podium, they have nowhere to go.
The contests, called armboxing, last for three one minute rounds. If the fighters last two rounds, their arms are both freed up for round three, but the boxers remain chained to the podium.
Getting pummeled with nowhere to go is also a fair way to describe Uber's most recent run-in with the New Jersey Department of Labor over unpaid unemployment contributions. The NJDOL claims that under the Strict ABC Test governing New Jersey unemployment law, rideshare drivers are employees, not independent contractors.
The NJDOL pursued Uber and a subsidiary for failing to pay into the state's unemployment fund over a five-year period, 2014-2018.
Last week, the NJDOL announced a settlement with Uber to cover the unpaid assessments – for a cool $100 million. The amount was based on $78 million in unpaid contributions plus $22 million in interest. Uber has made the payment but did not concede there was any misclassification.
New Jersey uses a strict ABC Test to determine employee status for unemployment coverage, but uses a different version of the ABC Test for wage and hour law. The strict ABC Test used for unemployment law follows the same formula as the tests in Massachusetts and California. The danger in these tests, of course, lies in prong B, which requires that to be an independent contractor, the work being performed must be "outside the usual course" of the hiring party's business.
State departments of labor are notoriously aggressive in pursuing misclassification, and courts often defer to their judgment, even if the facts could support independent contractor status. The NJDOL is among the most aggressive enforcers, as you might expect when its Labor Commissioner says this: "Let's be clear: there is no reason temporary, or on-demand workers who work flexible hours, or even minutes at a time can't be treated like other employees in New Jersey or any other state."
For businesses using independent contractors, tools such as arbitration agreements with class action waivers can be effective in preventing class action litigation. But arbitration agreements can't stop a state agency from conducting an audit and imposing its own penalties for noncompliance.
And that's how Uber found itself tied to a podium with one arm immobilized as it got hit.
Businesses in states using strict ABC Tests need to be particularly careful when setting up their business plans, their contracts, and their external messaging. State audits can be random, or they can be initiated after a worker complaint.
Unemployment filings by independent contractors can be especially dangerous. State departments of labor will typically investigate those claims, assess whether the worker is misclassified and — most troubling of all — will find that if the one worker was misclassified, then all similarly situated workers were also misclassified. The state DOL may then issue back assessments based on its assumptions about how many workers are similarly situated and how many were therefore misclassified.
When an independent contractor files an unemployment claim, pay attention and be prepared to defend your classification decision. Merely denying that the worker was an employee may not be enough, and a full-fledged audit could follow. In a full-fledged audit, the stakes can be high, and it might not feel like a fair fight.
Be proactive, plan ahead, and don't chain your business to a podium.
Standard | Posted in Consequences, Gig Economy, Independent Contractor, Independent Contractor vs. Employee, Non-Employee Workers, Tests | Tagged ABC Test, Bad Outcomes, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, New Jersey, test, Tests
[Reposting with revised link to the article, not behind paywall]
When I was 5 years old, and my sister was 3, the rule was that we had to be in our rooms by 8 p.m.
We followed that rule, but in our own way. We'd put on our pajamas, say good night and go into our rooms. But then we would lie down on the carpet at the very edge of our rooms, with our bodies still in the room and our heads in the hallway so we could talk.
In the strictest sense, we followed the rule. But we did it in our own way, to serve our own purposes. In essence, we chose to define what it means to be in our rooms.
The same sort of rulemaking is happening at the National Labor Relations Board on the subject of defining joint employment.
Click here to read the rest of this article, published 9/12/2022 in Law360.
© 2022 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved. This article originally published on Law360, 9/12/2022.
Standard | Posted in Joint Employment, NLRB, Staffing Agency, Tests, What to Watch | Tagged Browning-Ferris, Joint Employment, NLRA, NLRB, Right to Control, Staffing Agencies, test, Tests
Are Independent Contractors Entitled to Military Leave? Eggcellent question!
Worker protection laws are a bit different in China.
According to this report, a Chinese company forces its employees to eat raw eggs as punishment if their work does not meet expectations. When one intern complained, the HR Manager allegedly responded, "What law is preventing you from eating a raw egg?"
Even if the company's motivational techniques could be challenged under Chinese labor law, Chinese legal experts caution that the intern is probably not the right person to complain. His unpaid internship apparently doesn't make him an employee under Chinese law. And there it is: The age old question of Who Is My Employee? is a thing in China too.
Back in the U.S., we know that the employee vs. independent contractor question makes all the difference in whether several types of employment, tax, and benefits laws apply. But what about military leave law?
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are guaranteed reinstatement and other job protection rights after taking military leave. And employers must grant military leave when requested.
Do the same protections apply to independent contractors?
According to federal regulations, the answer is no — so long as the contractor is properly classified as a contractor.
Under USERRA, independent contractor status is evaluated using a Right to Control Test. The regulations say these six factors should be considered:
1. The extent of the employer's right to control the manner in which the individual's work is to be performed;
2. The opportunity for profit or loss that depends upon the individual's managerial skill;
3. Any investment in equipment or materials required for the individual's tasks, or his or her employment of helpers;
4. Whether the service the individual performs requires a special skill;
5. The permanence of the individual's working relationship; and,
6. Whether the service the individual performs is an integral part of the employer's business.
No single factor is controlling, but all are relevant for determining whether an individual is an employee or an independent contractor.
As with so many other laws, it's not enough just to assume USERRA doesn't apply because a worker is classified as an independent contractor. The workers has to be properly classified as an independent contractor, according to the test that applies to that particular law.
Getting it wrong means failure to comply with military leave law. That sounds unpatriotic and unfair. And it could leave you with egg on your face.
[Note to self for future blog post idea: Can you require independent contractors to eat raw eggs in the U.S.?]
Standard | Posted in Independent Contractor, Independent Contractor vs. Employee, Non-Employee Workers, Tests, Uncategorized | Tagged Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, Military Leave, Right to Control, test, Tests, USERRA
How to Support Prong C of the ABC Test, and Why You Can't Lie Down When Faced with an Audit
Zippy practices for the 13th Annual Lying Down Championships
Lying down in the face of a challenge is rarely a good strategy. I did, however, find one exception.
A man from Montenegro recently won the 12th Annual Lying Down Championships, beating out nine other competitors by remaining horizontal under a tree for 60 hours. As a reward for his (lack of) effort, he received 350 euros, lunch for two at a restaurant, a weekend stay at a local village, and a rafting trip.
Then things got weird. Local media reported that shortly after the competition, the winner was taken into police custody for (allegedly) physically attacking journalists and damaging the headquarters of a newspaper that called him "the biggest swindler in all of Montenegro."
I suppose there's a lesson in here somewhere: Offer a man an award and he'll lie still for 60 hours, but call him a swindler and he won't take that lying down.
But I digress. In this post, I want to share some tips gleaned from a recent New Jersey Supreme Court case involving prong C of the ABC Test. The case also serves as a reminder never to take a misclassification audit lying down.
The dispute involved East Bay, a drywall installation company that used independent contractor drywall installers for residential jobs. Until 2013, the company treated its installers as employees. It then switched to an independent contractor model. Risky move. This sparked an audit.
The New Jersey Department of Labor and Workforce Development wanted to know why this company, which was still active, suddenly lacked employees. The audit looked at the individuals who continued to install drywall and examined whether, under New Jersey's ABC Test, they were independent contractors or employees.
You can guess what happened next. The Department found that 16 installers were misclassified, and it issued a hefty back assessment against the company for failing to pay into the state unemployment fund. The company appealed and lost.
The New Jersey Supreme Court's opinion focused largely on what it takes to prove prong C of the ABC Test — that the individual "is customarily engaged in an independently established trade, occupation, profession, or business." (You can read more about New Jersey's ABC Test here, but otherwise I am going to assume that readers are familiar with the basic concept of the ABC Test.)
The drywall company put forth evidence that the independent contractors had registered business entities and certificates of insurance. The New Jersey Supreme Court held that wasn't enough to satisfy prong C. This evidence wasn't enough to prove that the individuals truly operated independently. Evidence in support of prong C should demonstrate that the independent contractor would not become unemployed if the work from this company went away.
The Court gave some examples of evidence that would have been more persuasive in satisfying prong C, including:
That the IC's business will continue when this engagement ends;
That the IC's business is stable and lasting, or other evidence of longevity;
That the IC has other customers;
That the IC has other sources of revenue, and the company being audited is not the primary source of income for the IC;
That the IC provides the tools, equipment, vehicles, and other resources needed to perform the work;
That the IC has telephone listings or business stationery;
That the IC advertises;
That the IC has its own employees;
That the IC maintains inventory;
That the IC bears the risk of loss;
That the IC benefits from the goodwill generated from a job well done;
That the IC is required to maintain educational and licensure requirements;
That the IC is permitted to obtain work from other businesses; and
That the IC in fact performs work for other businesses.
The court cited these as examples of the types of evidence that would have been helpful to prove prong C. This is not a mandatory list. The point here was just that business registrations and certificates of insurance were not enough. Strategically, there is other evidence that would be helpful too, and there are steps that can be taken when retaining ICs to help build a defense. I maintain a longer list but, hey, I can't give away all the secrets here.
Other observations from the New Jersey Supreme Court decision:
1. How to invite an audit. Switching from an employee model to an independent contractor model is, by itself, enough to prompt an audit.
2. An ominous footnote about prong B. There was also a dispute in this case over the meaning of prong B. Remember, New Jersey has a standard ABC Test, which allows prong B to be satisfied by showing either the work is outside the hiring party's usual course of business or the work is performed outside of the places of business of the hiring party. (This is different than the California version of the ABC Test.) All drywall installation work was performed at customers' residences. After the audit, the Commissioner of Labor found (inexplicably) that prong B was not satisfied. It is unclear from the opinion whether that was based on a conclusion that the customers' residences were East Bay's places of business or was based on some other fact, such as some kind of work being done at East Bay's place of business. If the Commissioner believed customer's residences to be East Bay's places of business, then it is hard to see how the latter part of prong B could ever be satisfied. But the NJ Supreme Court did not consider prong B in its decision. The Court ruled that prong C was not satisfied, and so it chose not to wade into the morass of prong B.
But there is an ominous footnote. When the Court declined to consider prong B, it noted that in its prior decisions, the place of business meant locations where the hiring party had a "physical plant or conducts an integral part of its business." That's consistent with common sense and would exclude a customer's residence. The Court then, however, invited the Department of Labor to issue regulations explaining how the Department thinks prong B should be interpreted. Yikes!
3. You need to fight unemployment claims by ICs at the initial audit level; you can't expect a court to save you on appeal. Courts will defer to the findings of an agency if its factual findings have any support in the record, no matter how flimsy. In other words, the agency can be wrong in its overall weighing of the factors, but a court is supposed to affirm the agency's decision if there's evidence to support it. Not "a preponderance of evidence" or "ample evidence" or even "sufficient evidence." Just "evidence." Folks, the reason we have trials is because there's almost always at least some evidence on both sides, even if the preponderance of the evidence leans the other way. You shouldn't have to pitch a shutout to win the game.
I have seen the same deference standard applied to unemployment decisions in New York and Ohio. The courts defer to the agencies. It is unfair. The result can be that the agency's decision gets affirmed, even if it made the objectively wrong decision.
This unfair standard highlights how important it is to win at the earliest stages in an unemployment claim, if independent contractor status is being challenged. The initial investigation is your best chance to defend independent contractor status. If you wait, it's too late. Provide the auditor your best evidence on every factor, and don't hold back.
Remember the consequences too. If one contractor is misclassified, the agency will likely deem all other similarly situated contractors to be misclassified, and you'll be on the hook for unpaid assessments for all of them. The stakes are high. Companies using independent contractors should spend the time and money to mount a full defense of their contractor's status at the audit stage. It's worth the investment, especially because the state courts will generally defer to the agency's findings, even if the agency is wrong.
Here's the ultimate takeaway: If you've entered a Lying Down Competition, it's ok to lie down for as long as you want. But if you're faced with a worker classification audit, or a 1099 audit, or an unemployment claim by a former independent contractor, do not take that lying down.
You need to fight hard in the audit, producing evidence to support independent contractor status. You'll have the right to appeal if you lose, but don't expect a fair chance to prove your case. You've got to do your best to win any classification dispute at the initial audit. That's the time to retain counsel and invest time and resources. If you lose the audit and bring an appeal, you're fighting a steep uphill climb.
Standard | Posted in Contingent Workers, Independent Contractor, Independent Contractor vs. Employee, Non-Employee Workers, Tips, Uncategorized | Tagged ABC Test, Independent Contractor, Independent Contractor Misclassification, Independent Contractor vs. Employee, Mistakes, New Jersey, test, Tests, Tips


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text:
In combative language, Hogan vetoes five bills passed by Maryland General Assembly
By Erin Cox and Michael Dresser
Republican Gov. Larry Hogan vetoed five bills Friday, characterizing some as meddling by the General Assembly and dismissing another as a tax.
Three of the vetoes reject plans to increase oversight of the state's mass transit agency, raise money to replace the Harry W. Nice Memorial Bridge in Southern Maryland and increase the amount of electricity derived from renewable sources such as the sun or wind.
Senate President Thomas V. Mike Miller, a Prince George's County Democrat, declined to comment. Alexandra Hughes, a spokeswoman for House Speaker Michael E. Busch, said the speaker will talk with House Democratic leaders and Miller before deciding whether to attempt to overturn the vetoes when the Assembly reconvenes in January.
Hogan faced a Saturday deadline to veto about 100 bills or let them become law without his signature. Measures becoming law will allow Baltimore voters to elect two members of the city school board and create protections aimed at preventing lead-poisoning victims from being bilked out of legal settlements.
The governor's veto messages took a combative tone.
He called the bill to create an oversight board for the Maryland Transit Administration a "sophomoric attack" and a "politically driven" attempt "to second-guess the authority" of his administration.
A housing bill would have given the Hillen Road Improvement Association veto power over Morgan State University student housing in a block of Hillenwood Road. Hogan called it "an improper and unwarranted interference" by lawmakers, most of whom "have little or no understanding of the interplay among community associations in Baltimore."
Hogan said the legislature's "regrettable" bill that would force the state to put aside money to replace the Nice Bridge intrudes on the authority of the Maryland Transportation Authority. He wrote that such legislation would allow lawmakers using "raw political muscle instead of unbiased professional judgment" to pick which projects move forward.
The state has already invested more than $61 million in figuring out how to replace the 76-year-old bridge between Charles County and Virginia, Hogan said, calling the legislation "entirely unnecessary."
Sen. Thomas M. "Mac" Middleton, the Finance Committee chairman who sponsored the Nice Bridge bill, said he will push for an override of Hogan's veto.
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"Prior to his coming to office, this was the top priority of the Maryland Transportation Authority," said Middleton, a Charles County Democrat. "I just need some assurances this is going to continue to be the No. 1 priority."
Another vetoed bill would have increased the state's goal for the use of renewable energy. Customers' electricity bills would have increased as a result.
"This legislation is a tax increase that will be levied upon every single electricity ratepayer in Maryland and, for that reason alone, I cannot allow it to become law," Hogan wrote.
The bill was sponsored by Sen. Catherine E. Pugh, the Democratic nominee to become Baltimore's next mayor. It would have required the state to get a quarter of its electricity from renewable sources by 2020, two years sooner than the current target to reach 20 percent.
Sen. Paul G. Pinsky, a Prince George's County Democrat who co-sponsored the renewable energy bill, said the veto ignores the long-term costs of reliance on fossil fuels. He said Maryland is a leader in achieving renewable energy goals — a notion that Hogan noted in his veto letter — "because we've taken the long view."
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"If we don't continue along that path, we'll no longer be a national leader," Pinsky said. He said the bill would have added no more than $1 to $1.50 to a typical monthly household bill.
Del. Brooke Lierman, a Baltimore Democrat who sponsored the MTA oversight bill that Hogan called "sophomoric," said she was "surprised and frankly appalled by his sort of verbally abusive veto letter."
"I'm very frustrated by the governor's veto because I believe it represents another blow to the people who live in the greater Baltimore area who rely on or want to ride and take public transportation," she said.
Dru Schmidt-Perkins, executive director of the environmental group 1,000 Friends of Maryland, said she was "baffled" by Hogan's veto.
"We're the only major transit agency in the country, we believe, without some kind of oversight board that helps solve problems, identify needs, give voice to riders and help build a stronger transit system," she said.
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Hogan has been judicious in his use of vetoes — issuing six last year and one earlier this year — but the Democratic-controlled legislature has overturned every one.
By law, the General Assembly is required to take up attempts to override the five vetoes as soon as it reconvenes in January. A three-fifths vote of both chambers in the legislature is needed to override a gubernatorial veto. Most of the bills passed by veto-proof margins; if the same lawmakers who voted for the measures this year do so again next year, the bills would become law.
The exception is the MTA oversight bill, which received 26 votes in the Senate; 29 are needed to overturn a veto.
Bills expected to become law without Hogan's signature would modestly expand the state's preschool program, extend hours at Baltimore libraries, restrict the sale of pesticides that harm bees and expand state grants to help pay for portable classrooms.
New laws would also make permanent a temporary tax break for yacht owners and grant full voting rights to a student member of the Montgomery County school board. The bill would make Montgomery's student member the second in the nation with such rights; Anne Arundel County's is the other. Also, a law dubbed the Java Act would allow some disabled students to sell coffee in schools.
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ecox@baltsun.com
mdresser@baltsun.com
twitter.com/ErinatTheSun
twitter.com/michaeltdresser
Hogan's vetoes
Gov. Larry Hogan vetoed five bills Friday. Here's what they would have done and why the governor didn't like them:
MTA board: Granted a citizen panel oversight of the state transit administration, now exclusively under the governor's purview. Proponents said it would make the system more responsive to the public; Hogan derided it as a power grab.
Morgan student housing: Prohibited redevelopment of Baltimore's Northwood Shopping Center into student housing unless a neighborhood association approved. Proponents argued that it would protect surrounding neighborhoods; Hogan said the legislature doesn't belong in local zoning issues.
Harry W. Nice Bridge: Required the state to set aside money to replace the 76-year-old bridge in Southern Maryland. Proponents said Hogan's toll cuts left little money to replace the bridge; Hogan said lawmakers should not decide which projects get funded.
Renewable energy standard: Required more of the state's electricity to come from renewable sources and sped up the deadline to meet that goal. Proponents said it would help reduce greenhouse gases and spur jobs in the "green" economy. Hogan called it a tax on electricity users.
Education collaborative: Created a panel to come up with ideas to reduce the achievement gap between rich and poor students. Hogan said having two state lawmakers on a board that sets policy and enters contracts violates the separation of executive and legislative powers.
Larry Hogan
Prince George of Cambridge
Michael E. Busch
Thomas V. Mike Miller
Paul G Pinsky


Over the years I have seen birthdays as days meant not only for celebration , parties or having fun but as days meant for personal reflection.*(Don't blame me, 90% of people are usually broke in January so no big celebrations....lol ....I'm open to surprises though)*..
* How have I fared in the past 1yr?
* Am I where I want to be ?
* Have I inspired more lives?
* What has changed about me?
* Am I truly growing up?
There are lots of questions coming to mind right now , questions I believe will cross your minds too if you start to ask yourself the above questions. One thing is certain, we can not remain the same as the years go by. Even if we are not growing psychologically or financially , our biological clock is ticking and time waits for no one.. So time wasting isn't in.
Happy new year! No matter his bad you've been all through the year, someone's going to still want to say that to you on a day like this.
Yes it has become a kind of cliché, my point is about 90% of the people now say it without meaning it. Like some kind of auto reply.
OK maybe I'm rambling but I hope you understand that what I'm actually trying to say is when next you want to say Happy new year be sure to really mean it.
Look at whoever you are saying it to and imagine what will give them happiness in the new year. Imagine what they will really love to have in the new year and sincerely pray for them to have it. So that when next you are saying happy new year, it is with great intent, compassion and believe.


text:
Q: Send input to Bluestacks app running in background I'm trying to build simple bot that will periodically send invites to the guild in game chat.
Developing scripts in bluestacks was an easy part, now I'm trying to develop a simple python program that will trigger those scripts by sending input to bluestacks.
Using Spy++ I figured out that app contains multiple windows and has the following structure:
[-] Window 00010912 "InviteBot" HwndWrapper[Bluestacks.exe;;<a long hex code>]
    [-] Window 00030932 "BlueStacks Android PluginAndroid_1" WindowsForms10.Window.8.app.0.1<hex part>
        [] Window 000409D0 "" WindowsForms10.EDIT.app.0.1<same hex part as above>
        [] Window 0002092E "_ctl.Window" BlueStacksApp

Using 'Find Window' functionality of Spy++ pointed me to the last layer - '_ctl.Window'.
After googling I've found 2 approaches (on StackOverflow) to send input to the app, first one:
wsh = comclt.Dispatch("WScript.Shell")
wsh.AppActivate("InviteBot")  # select another application
wsh.SendKeys("q")  # send the keys you want

works good, but activates the window which makes diffcult to work on PC when it sends an input, so I needed another approach:
def enum_handler(hwnd, lparam):
    if win32gui.IsWindowVisible(hwnd):
        if 'InviteBot' in win32gui.GetWindowText(hwnd):
            invite_bot_handle = hwnd
            print("invite_bot_handle: {}".format(invite_bot_handle))
            print(win32gui.GetWindowText(invite_bot_handle))
            win32gui.PostMessage(invite_bot_handle, win32con.WM_CHAR, 'q', 0)
            win32gui.PostMessage(invite_bot_handle, win32con.WM_KEYDOWN, win32con.VK_F1, 0)
            win32gui.PostMessage(invite_bot_handle, win32con.WM_KEYUP, win32con.VK_F1, 0)

            blue_stacks_app_handle = win32gui.FindWindowEx(invite_bot_handle, None, None, "BlueStacks Android PluginAndroid_1")
            print("blue_stacks_app_handle: {}".format(blue_stacks_app_handle))
            print(win32gui.GetWindowText(blue_stacks_app_handle))
            win32gui.PostMessage(blue_stacks_app_handle, win32con.WM_CHAR, 'q', 0)
            win32gui.PostMessage(blue_stacks_app_handle, win32con.WM_KEYDOWN, win32con.VK_F1, 0)
            win32gui.PostMessage(blue_stacks_app_handle, win32con.WM_KEYUP, win32con.VK_F1, 0)

            target_window_handle = win32gui.FindWindowEx(blue_stacks_app_handle, None, None, "_ctl.Window")
            print("blue_stacks_app_handle: {}".format(target_window_handle))
            print(win32gui.GetWindowText(target_window_handle))
            win32gui.PostMessage(target_window_handle, win32con.WM_CHAR, 'q', 0)
            win32gui.PostMessage(target_window_handle, win32con.WM_KEYDOWN, win32con.VK_F1, 0)
            win32gui.PostMessage(target_window_handle, win32con.WM_KEYUP, win32con.VK_F1, 0)

win32gui.EnumWindows(enum_handler, None)

I tried sending various types of input to all layers of this heirarchy, but seems those messages are not receieved.
When I tried to call
win32gui.MoveWindow(TargetWindowHandle, 0, 0, 760, 500, True)
just to make sure that window handles are the ones I'm looking for it worked fine. Calling this for the top-level window moved whole BlueStacks app. For other layers it is just caused window to look odd. So the handle values should be correct.
Example of output (executed from PyCharm)
>>> runfile('D:/Codes/DeffclanRose/BlueStackActions.py', wdir='D:/Codes/DeffclanRose')
invite_bot_handle: 67858
InviteBot
blue_stacks_app_handle: 198962
BlueStacks Android PluginAndroid_1
blue_stacks_app_handle: 133422
_ctl.Window

Edit: What I am looking for is a way to send input to an app, running in a background.

A: Bluestack game control is disabled whenever the window is inactive that's why inputs are not working inside the game. I have the same problem and I fixed it by using this WM_ACTIVATE before sending inputs:  I found it here:  https://stackoverflow.com/a/45496600/11915042
Here is my sample code:
import win32gui, win32api, win32con
import time

hwnd = win32gui.FindWindow(None, 'BlueStacks')
hwndChild = win32gui.GetWindow(hwnd, win32con.GW_CHILD)
hwndChild2 = win32gui.GetWindow(hwndChild, win32con.GW_CHILD)

win32gui.SendMessage(hwnd, win32con.WM_ACTIVATE, win32con.WA_CLICKACTIVE, 0)

time.sleep(1) # Without this delay, inputs are not executing in my case

win32api.PostMessage(hwndChild2, win32con.WM_KEYDOWN, win32con.VK_F1, 0)
time.sleep(.5)
win32api.PostMessage(hwndChild2, win32con.WM_KEYUP, win32con.VK_F1, 0)

redpajama_set_name: RedPajamaStackExchange


text:
Members Advance in World Food Championships
Nov 15, 2017 | News, Success Stories
Over 450 teams from around the country and the world recently came together at the World Food Championships in Orange Beach, Alabama to show off their culinary skills. Chefs and cooks competed to be crowned champion in ten categories ranging from steak to dessert. Their backgrounds varied, but they had all qualified for the largest competition in Food Sport, giving them an opportunity to be named World Food Champion.
One of the teams that emerged as champions was the Indianapolis-based member duo of Craig Baker and Ben Hardy. Both can be found perfecting their craft in Broad Ripple. Craig is the owner of Bent Rail Brewery, while Ben is pastry chef at Gallery Pastry Shop. Fellow members Red Gold and Maple Leaf Duck sponsored their team.
The dish that crowned them champion in the best chef category at the recent semi-finals was Berries & Cream with Candied Nuts and Strawberry Basil. It also secured them a spot, along with the nine other category champions, at the Final Table competition next spring where they will participate in a live-streaming, timed cooking challenge for the top award.
The World Food Championships began in 2012 and is responsible for the creation of "Food Sport", giving attention and respect to the culinary elite and industry as a whole. In order to be invited as a competitor, one must either win a qualifying competition, publication award or receive a special invitation by way of one of four categories.
Photo credit: Lydia Gray, Digital Marketing and Communications at Red Gold


text:
Still More George W. Bushisms : "Neither in French nor in English nor in Mexican" EPUB
Edited by Jacob Weisberg
"There's an old saying in Tennessee -- I know it's in Texas, probably in Tennessee -- that says, fool me once, shame on -- shame on you. Fool me -- you can't get fooled again."
With signature remarks like these, it's hardly surprising that George W. Bush's malapropisms have become renowned around the world. Editions of Bushisms have become bestsellers in Germany, France, and Italy, and they remain as popular in the United States as ever. Jacob Weisberg, faithful scribe, here presents the best of the latest crop:
"There's only one person who hugs the mothers and the widows, the wives and the kids upon the death of their loved one. Others hug but having committed the troops, I've got an additional responsibility to hug and that's me and I know what it's like."
"I'm the master of low expectations."
"First, let me make it very clear, poor people aren't necessarily killers. Just because you happen to be not rich doesn't mean you're willing to kill."
Pages:96 pages
Publisher:Gallery Books


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Q: How to retain the entered data in the app using angularjs I have an settings page in my app. The data entered are stored to the DB. when I close and open the settings page the fields are set to blank, and I don't want this to happen, instead hold the entered data in the settings even if the app is closed and re-opened. How to do this in the angularjs ?

A: You can use localStorage or cookies


GTP ultrasound courses – GTP Gesellschaft für Tropenpädiatrie & Internationale Kindergesundheit e. V.
We have started offering ultrasound courses outside of Germany in 2017. In our courses you will have the chance to get to know pathologies specific of the region while being supervised by experienced sonographers. During your leasure time you'll be able expore parts of the hosting country. The main target group for our courses are doctors in training. They will be taught alongside local residents and specialists with no or little experience in sonography.
This is a new initiative of this working group. Currently this course is only open for doctors from Nepal. We are looking into opening this course for non-Nepalese doctors in the future.
Further expenses: Flights to and from Mwanza and accommodation need to be booked by yourself. We are happy to provide suggestions on accommodation, visa, vaccinations and travel preparations.


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==Recent Researches==
Interaction between microbes and invasive plants has been specifically studied only for just decades, although it has been long that plant invasion has drawn attention from ecologists[5]. Up to date, enormous literatures from the last decades show that invasive plants have a dramatic effect on microbial community in their newly established habitats and those microorganisms have a feedback effect on plant community[5]. However, some theories are better understood theoretically than others and only a few studies actually provide sufficient evidences for these well-understood mechanisms[2]. Especially plant-soil feedback has been treated as a black box, little is known about the role of particular microbes in functioning plant invasion due to methodological difficulties[1]. Furthermore, to better understand the whole system, interaction of different factors should be examined[2]. What is more, additional studies involving more invasive plant species in more systems should be studied in a biogeographical context[9], since there is not necessarily a consistency among different systems or different species.
==Reference==
There are three main categories about how interaction of microbes and invasive plants drive their invasion success. First, invasive plants suffer less negative soil feedback than native species, or even have neutral or positive feedback[7], also known as Enemy Release hypothesis. Second, invasive plants are able to disturb newly established habitat by enhancing pathogen levels or destructing symbionts systems, thus suppress native plants while invaders suffer less from this, which involves Accumulation of Local Pathogens hypothesis[3]. Third, allelochemicals can play an important role in helping exotic plants establishing invaded habitats. These chemicals hard to be detoxified by local microbial community can easily reach toxic level therefore harm native plant species, also known as Novel Weapons hypothesis[8].


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Featured Stories Of Hope
From Depression To Finding Jesus
When asked about her illness, Esmeralda shook her head and dropped her gaze. "I'm so embarrassed to talk about it," she said with a nervous smile, "I was depressed so I used to eat my hair, and I almost died because of how sick I got." The first time Esmeralda was 9 years old the first time she got sick. Her mother and grandmother left the city of León, Nicaragua, to seek better job opportunities. Esmeralda and her two sisters...
Remembering Through Their Eyes
These children in Peru received gifts for Christmas, but they also were reminded of the wonderful and beautiful gift of God sending His' only Son to earth to die on the cross for us! It is so easy to remember the miracle of Christmas one day a year, but I have a challenge for you....
A Protective Heart
According to the Child and Adolescence Protection Network, 70 million boys and girls in South America and the Caribbean live in poverty. Additionally, two out of every three of them suffer some kind of physical or psychological violence on a regular basis. Violence doesn't discriminate against...
Living In Faith
To be victorious you do not need to be the greatest, or the strongest, or even the toughest. What you need to have...
Situated in the foothills of the volcano Atacazo, in Ecuador, there is a small community called Guamaní. Life is not easy for people in this area. The lack of basic living services and difficult access to the community through narrow, steep bush trails force families to walk many miles every day to get around. For the Maza Family, a young married couple, the situation worsened when they had their first son, Alexis. "We were very young when I got...
Fighting With Hope
I love the color red. Red is a strong and vibrant color. It's the color of love; of the tomatoes that are in my favorite food, pizza; and of the noses of the clowns who visit us at hospital. It's the color of the traffic lights that indicate cars should stop. It's the color of blood coming out of my veins every time I need to do my exams in the hospital. Maybe that's why – while most other girls...
Beyond Adversity
Estefany Cruz was raised in a family that for many generations belittled women and sent them to school only to learn how to read and write. Her grandma made it to second grade and her mom to sixth grade. Since kindergarten, Estefany has been...
Fighting Exploitation
There's a new evil that's preying on Filipino children in poverty...
A Dream Granted
With great hopes, Alejandra and her partner were expecting a baby. However, they lived in poverty, and at the young age of 18, Alejandra didn't have knowledge of how to...
Thailand Boys Sharing Their Stories
In an exclusive interview with ABC News, the members of the Wild Boars soccer team reunited, eager to thank the world for the outpouring of love and support that went into rescuing them from a harrowing subterranean ordeal — many details of which they shared publicly for the first time. "I would like to thank everybody. You all love me, and I love everyone," said Adul (our Compassion child). "I feel like people around the world are my parents."...


No one can deny the importance of emails.
They are the primary source of communication.
In this article, you will get some fantastic and informative knowledge about email servers.
You will witness how the incoming mail server Gmail and Google outgoing mail server perform their services.
You will be amazed to know the mechanism behind sending and receiving email.
Some of the topics discussed in this article are listed below.
3 What is the Incoming Mail Server for Gmail?
3.2 How to Setup Gmail Account?
They were invented in 1972.
After the invention of timesharing computers, researchers worked for finding ways to exchange texts.
They also intended to do something for real-time chats.
Ray Tomlinson was the man who introduced the first ever email application.
In this era of technology, sending and receiving malls is quite common as it is our need and the demand for this age of technology.
You can easily keep a record of what you sent and received.
It is easily accessible. You can use your email from anywhere.
It is one of the fastest and preferred ways of communication for professional purposes.
We send many emails every day, even we don't know how many emails we receive and send daily, but still we aren't aware of the mechanism behind it.
Many people don't know how the emails are sent and received and what is the role of servers behind it.
Every email you compose and send passes through servers.
Although it takes very less time to send an email from one PC to another even less than a blink of the eye behind the scenes much work categorized that we don't know.
As Gmail is the most common email account used by people, so I will discuss the type and work with email servers considering Gmail.
What is the Incoming Mail Server for Gmail?
IMAP stands for Internet Message answer protocol.
It is used for viewing emails from other browsers.
Many servers allow Webmail, and it is also one of kind of such server.
Messages are not deleted after you view them.
They are stored, and you can quickly get access to them from any other browser.
Before going into Gmail settings, you must have a Gmail account or must know how to make one.
How to Setup Gmail Account?
Setting up an account on Gmail is quite easy.
If you don't have a Gmail account then no need to worry.
Here is a guide on how to set up Gmail account.
You will get the sign-up page.
Tick the checkbox next to Google's term and policy agreement.
Its username is your Gmail's address name, and password is your Gmail password that you chose when setting up your Gmail account or changed any other time from security settings of Gmail.
POP stands for 'Post Office Protocol.
It has been serving since 1984.
POP2 and POP3 have also been released.
It allows its users to download emails from any remote server.
Using this server, emails are downloaded for permanent storage.
You should prefer POP if you want to download from only one device and you have limited server storage.
Like IMAP here username and password are your username and password of Gmail's account.
If you want pop settings to work, you need to enable it from settings.
Some servers offer access to both IMAP and POP services to their clients. It is the decision of administrator to choose which one.
To access these settings, you will have to go to email settings from your iPhone and then add accounts then enter name and password and then you are done to enjoy the superb services at your fingertips.
Gmail outgoing server is SMTP.
It is for sending emails.
For SMTP good security is needed otherwise there are spam threats.
It became famous in 1980.
It is used for the delivery of email, i.e., it pushes the email to be delivered to its desired destination.
It can also send emails from a mail client to a emails server.
The email you send via Googles' SMTP email server is indexed.
Restrictions on sending per email by Google is done by this server.
The server address is smtp.gmail.com.
Username and password are same that you entered while making your account on Gmail or you edited last time from Gmail settings. Port number is 465.
SSL adds a security layer to your data. In this way, it remains safe. Current internet data security and traffic issues require a secure mechanism on the internet and for that purpose SSL works for secure digital communication.
When you press the send button after composing an email, SMTP comes into action.
It communicates with the client.
Your email address and other details of email are provided to SMTP server by your client who proceeds them to IMAP / POP server.
To find the server of the recipient, it takes the help of domain name server and gets the IP address.
After getting the IP address, it communicates with SMTP server of the recipient and the message is sent.
Then the recipient SMTP server comes into action.
It scans the email, checks some setting and forwards the email to IMAP/POP server.
Then the recipient's email client can view /download it.
Above explained is the process which is done in the blink of an eye when you send a letter.
This process is the result of technology.
Know more about DNS by the at Infographic – Working of DNS Server.
Mail servers serve people for sending and receiving data on the internet. With data, we mean emails.
Incoming mail server Gmail and Google outgoing mail server are helping individuals in the best possible way.
It is a form of technology that is assisting people and making it easy for people to transfer information in the blink of an eye.
Read more at What are servers?


Event 17 is the leading trade fair in the event industry. It offers event professionals the opportunity to share knowledge, discover innovations and expand their network.
Invitado was proud to be the Event 17 registration partner. The preparation and execution of all online and offline activities related to visitor registration was in our hand. Event 17 is a perfect example of a fair that used all the services Invitado offers. As a result, we made things easier for the organisation by integrating all information, databases and tools. This resulted in a very positive visitor experience.
Invitado designed the innovative online registration tools and the event website. The application form was designed in a way that participants easily could make their own choice for the various workshops, lectures and master classes. The event website also contained an extra twist: with a login code, exhibitors had their own portal in which they could adjust their corporate information. All the information they needed could also be found in that portal.
The Invitado Leadscan App and the Invitado Event App were both downloaded and used frequently during the fair. More than 7,500 leads were scanned by exhibitors. Very smart: by scanning the card or badge, they knew exactly which potential customers visited the stand. And the Invitado Event App was used by thousands of visitors to find information during and before the exhibition. The e-ticket, floor plan, voting and informative content: it was all in the app.
This year we introduced a special tool: the selfie scan. The visitors that gained access to the event by means of face recognition, were recognized via the App when making a selfie. This way exhibitors and visitors could add each other in the app.
Invitado and Event 17 decided to present face recognition at the entrance. This technology allowed visitors to sign up and access the event through two simple photos. E-tickets are no longer necessary!


The U.S. Dollar has improved by over half a percent overall since yesterday's session following positive economic indicators, optimistic commentary from Fed officials, and a surprising call for Scottish Independence. Another surprise on our side of the pond was stellar Consumer Confidence, which registered at its highest level in sixteen years. Market participants seem to have moved past the fiasco over healthcare overhaul, although many remain doubtful over the administration's ability to negotiate more effectively towards tax reform and higher fiscal expenditures on infrastructure as well as border control.
Now that the United Kingdom has officially started their divorce from the European Union, we will monitor the GBP/USD and EUR/USD pairs closely as this event is indeed unprecedented. Today marks a historic day, but it may go relatively quiet as markets prepare for statements from EU officials and gauge the initial bets placed by traders. We also will hear from Boston Fed President Eric Rosengren at 11:30AM and San Francisco Fed President John Williams at 1:15PM.
The Yen has appreciated by 3.5% since the middle of March, benefiting from the nature of uncertain markets and a quick turn to risk-aversion. The Japanese are trying to push for inflationary growth and the government is working on a stimulus package to rebuild much of its infrastructure, possibly revamp its military capabilities as well. We see the Yen improving if negotiations for Brexit start going sour early and if further mishaps occur in the U.S. as it relates to policymaking. For now, expect dollar to stay afloat on policy divergence and potentially as another safe-haven hedge to European chaos.
The Pound was moving in tight ranges, but fell slightly as the North American morning began. Across the board, stock exchanges are muted as investors take in the reality of invoking Article 50. As we have explained before, we feel the UK may face tremendous challenges moving forward as the EU will negotiate with a heavy hand in order to not promote or foment any separatist sentiment in any of the 27 nations left as members. This may prove to be a difficult prospect because of a rise in populism in the continent and a wish for independence in Scotland from the crown.
Since World War II, cooperation between the British and the rest of Europe has been a key factor to maintaining a much desired peace and opportunities flourished commercially with the ease of flow of people and business. For the first time in a long while, disagreement is the modus operandi and we hope that a mutually beneficial relationship can remain. The devil will be in the details.


Ironsides Rugby Club has a duty of care to provide a safe and healthy environment free of illicit drugs. The Club's Drugs Policy can be viewed here.
The policy reflects a commitment by the club to the health, safety and welfare of all its members and has been approved by the Executive Committee of the Club. All members of the Club have a responsibility to comply with the Policy.


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import React from 'react';
import Example from './Example';
import Slider from '../../src/Slider';

export default ( props ) => (

Sliders

        <Example>
            <Slider min={ 0 } max={ 100 } defaultValue={ 0 } />
        </Example>
        <Example>
            <Slider min={0} max={100} defaultValue={ 25 } />
        </Example>

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redpajama_set_name: RedPajamaGithub


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Letting agent, not Landlord is stated on the contract. Is this a problem?
You are here : Member Forums Letting Agents Letting agent, not Landlord is stated on the contract. Is this a problem?
A tenancy agreement made out by the letting agent does not mention us, as landlords, by name or address anywhere on the contract. Is this a problem?
The tenant is in arrears and I am seeking eviction and payment from the guarantor so am trying to make sure everything is correctly in place before proceeding.
As The Letting Agent is quoted as being the landlord, will this be an issue when taking the tenant to court, if this becomes necessary?
Any words of wisdom greatly received.


Find the high and low volume areas that point to future support and resistance. This will show high probability levels of interest.
MarketProfile can be used in the charting platform NinjaTrader 8 [FREE].
Volume profile: The profile is based on volume distribution by price. For example, a volume profile row of 100 means that there have been 100 contracts traded at that price. Recommended for instruments with true volumes, such as futures and stocks.
TPO profile: The profile is based on TPO distribution by price. TPO stands for "time price opportunity", but we removed the time element to maximally simplify it for everyone to understand: a TPO is now just a "hit" of the market at a price. For example, a TPO profile row of 100 means that the market has traded at that price 100 times. Recommended for instruments without true volumes, such as forex.